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1992.10.27_TC_Minutes_Workshop', TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission WORKSHOP MEETING Tuesday, October 27, 1992 1:30 p.m. Mayor Joseph A. Boulay called the Workshop Meeting of the Town Commission of the Town of Highland Beach, Florida, to order in the Commission Chambers at Town Hall at 1:30 p.m. Also present were Commissioners Arlin Voress, Arthur Eypel, and John F. Rand. Vice Mayor Bill Paul was absent. Others in attendance were Town Attorney Thomas E. Sliney, Town Clerk Anne M. Kowals, and members of the general public. Town Manager Mary Ann Mariano was absent as she was attending a County Board of County Commissioners Meeting regarding Fire/Rescue Fees. ADOPTION OF AGENDA The Agenda was accepted as submitted. 92.1 PUBLIC COMMENTS AND REQUESTS Mr. Victor Hadeed of Beach Walk East addressed the Town Commission to request the Board give consideration to the current zoning ordinance relating to non-conforming properties. A copy of Mr. Hadeed's prepared statement is attached to and made a part of these minutes. 92.2 BOARDS AND COMMITTEES Mayor Boulay, noting Board of Adjustment Vice President David Augenstein's term expires November of 1992, advised Mr. Augenstein will have completed six years of service on this Board. At this point, Talent Bank Applicant Neil W. Burd, previously interviewed by the Town Commission, advised he has attended a Board of Adjustment meeting, met with the Chairman of said Board, and feels he would be qualified for a position on this particular Board. It was noted an appointment to the Board of Adjustment may be considered at the November 04, 1992 Regular Town Commission Meeting. It was noted no correspondence was received from the Town Boards and Committees. Town Commission Workshop Meeting Minutes • October 27, 1992 Page 2 of 6 92.3 PROPOSED ORDINANCES AND RESOLUTIONS 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, PROVIDING FOR UTILITY RATES, FEES AND/OR CHARGES, SPECIFICALLY AMENDING HIGHLAND BEACH CODE SECTION 11-13 OF CHAPTER 11, RELATING TO GARBAGE, TRASH AND RECYCLING CHARGES. The proposed ordinance, given first reading on 10/06/92 and published on 10/16/92, was read by title only by Mayor Boulay. Following brief discussion, it was the consensus to move this matter to the November Regular Meeting Agenda for final reading and possible adoption. MISCELLANEOUS - ITEMS LEFT OVER Status of Building Development in Town The Commission Members received and reviewed the Status of Build- ing Development in Town, a report submitted by the Building Department. • Two sets of Town Commission Meeting Minutes were reviewed and moved to the November Regular Meeting Agenda for consideration. REPORTS - TOWN COMMISSION Vice Mayor Bill Paul Vice Mayor Bill Paul was absent - no report. Commissioner Arlin Voress Commissioner Voress gave an up-dated report on the Coastal Construction Cotrol Line issue noting a letter was received from Kirby Green, Director of Division of Beaches and Shores, Depart- ment of Natural Resources, advising the DNR will look at different models and, if results change, the DNR will change the model and include consideration of seawalls. The Commissioner noted the battle to get the model modernized has been won. The Commissioner further noted that the time table indicated by DNR Hearing Officer David Trimble is no longer in effect inasmuch as it is estimated that it will take from 1 to 1-1/2 years to update the model to state of the art; the battle for a delay has been won. Town Commission Workshop Meeting Minutes • October 27, 1992 Page 3 of 6 Commissioner Voress advised the main problem the Coastal Coalition will have is how to keep the group together and active. The next meeting of the Coastal Coalition is scheduled for November 12, 1992, at a location to be announced. Commissioner Voress remined all that Government Day in Highland Beach is set for Thursday, December 03, 1992; it is hoped all will come out to view the Town, its operations, and where our tax dollars are being spent. Noting the General Election is set for Tuesday, November 03, the Commissioner urged everyone to get out and vote for the candidate of his/her choice. Commissioner Arthur Eypel Commissioner Arthur Eypel noted he finds it amazing that a small group of citizens in coastal communities went forward to take on a department like the DNR in order to stand up for what they believe in. Commissioner Eypel stated the Special Workshop Meeting held this morning at 9:30 a.m. for the purpose of reviewing proposed amend- ments to the Charter was productive because of the work done by the Charter Review Board Members who did an outstanding job. The Commissioner congratulated all for a job well done. Citing the American Cancer Walk-a-thou that took place on Satur- day, October 17, Commissioner Eypel stated it was great to see the many residents who participated in this fund raising event. The Commissioner commended Joan Leak of the Town Hall Staff who worked hard collecting funds and making the efforts of the Town team a success. Noting many things in Town happen that the public is not aware of, Commissioner Eypel advised he received a copy of a letter addres- sed to Michael Seaman from the Government Finance Officers Asso- ciation indicating the Town's comprehensive annual financial report for the fiscal year ended September 30, 1991, qualifies for a Certificate of Achievement for Excellence in Financial Report- ing, the highest form of recognition in governmental accounting and financial reporting. Commissioner Eypel stated that the Town's Finance Department, under the direction of Michael Seaman, deserves congratulations for their hard work and for the recogni- tion from the Government Finance Officers Association. Town Commission Workshop Meeting Minutes . October 27, 1992 Page 4 of 6 Commissioner Eypel urged everyone to exercise his/her right to vote in the General Election on Tuesday, November 03, 1992. Commissioner John F. Rand Commissioner John F. Rand, extending congratulations to Michael Seaman, stated the September 30, 1991, report was the most inform- ative and interesting document, submitted by a Town, the Commis- sioner has ever read; he commended Mr. Seaman for a job well done. The Commissioner then noted, after observing Michael on the golf course in a tournament, Michael should get an award for his long shot. Commissioner Rand, taking issue with a publication by the Florida League of Cities entitled 'Amendment 10 - it's a Trick' (Amend- ment 10 pertains to the provision for limiting increases in home- stead property valuations for ad valorem tax purposes to a maximum of 3~ annually and also providing for reassessment of market values upon changes in ownership), advised the League has resorted to scare and smear tactics to prevent taxpayers from benefitting from the intent and goals of this amendment. It was noted the Florida Supreme Court is expected to rule momentarily whether this • amendment should be removed from the ballot as requested in legal action by the Florida League of Cities. The Commissioner, urging everyone to vote 'YES' on Amendment 10 which is a 'treat' and not a 'trick', stated the Florida League of Cities should stop intimidating and confusing the Florida voters. A copy of Commis- sioner Rand's statement is attached to and made a part of these minutes. Citing an article in the October 26, 1992 issue of the Palm Beach Post regarding Fire/Rescue fees, (the Town has been working to have the County Commission approve a revised plan that would result in a fair distribution of Fire/Rescue costs), Commissioner Rand stated he was not aware the County Budget Director who is urging the County Commission to reject said plan was a spokesman for the County Commission. The Commissioner, noting he does not feel the County Budget Director has the right to make comments on such matters, requested the Town Manager express to the County Board of Commissioners our outrage regarding David Wood's comments on this issue and further suggest Mr. Wood spend time finding money that was missed and is laying around somewhere. Town Commission Workshop Meeting Minutes October 27, 1992 Page 5 of 6 In response to Commissioner Rand's inquiry, it was noted that the November/December 1992 draft of the Town Newsletter was submitted to the printer in preparation for mailing to residents so as to arrive in advance of the General Election as this issue contains important information concerning the amendments included on the November 03, 1992 General Election ballot. Mayor Joseph A. Boulay Mayor Joseph A. Boulay reported the League of Women Voters has delivered copies of a periodical (included in local newspapers recently) containing pertinent information regarding the General Election. Copies of said periodical are available in Town Hall as well as the Town Library. The Mayor acknowledged receipt of the Certificate awarded to Finance Director Michael Seaman, alluded to by Commissioner Eypel in his report. Mayor Boulay requested the Town Clerk arrange to have same framed. The Mayor, noting a plaque regarding the award will be forthcoming, suggested said plaque be displayed in Town Hall. Mayor Boulay extended thanks to Joan Leek and Town Hall Staff for a job well done regarding the American Cancer Walk held on Satur- day, October 17, 1992. Noting the Town, unofficially, had the most walkers and raised the most money, the Mayor stated it appears the Town will retain the trophy they won in 1991. The Mayor congratulated all who walked in and contributed to this fund raising event. The Mayor, noting many Town residents have no way of getting to and from shopping centers, advised it was suggested some arrange- ment be made to have a small bus company provide transportation (perhaps twice weekly) in our Municipality at no cost to the Town as the residents would pay for such service. A table will be set up on November 03, (the General Election) on Town Hall property to conduct a survey to determine if residents have any interest in obtaining such service for the benefit of our citizens. It was also requested that the insured transportation company providing such service be invited to come to our Government Day to set up an exhibit explaining their service to the general public. The Mayor urged one and all to vote their conscience on Tuesday, November 03. The voter turn-out is expected to be heavy therefore it is suggested everyone get out early to vote. Town Commission Workshop Meeting Minutes October 27, 1992 Page 6 of 6 REPORTS - TOWN ATTORNEY Under his report, Town Attorney Thomas Sliney, in the absence of the Town Manager who was attending a County Board of County Com- missioners Meeting regarding the Fire/Rescue fees issue, advised the matter of a proposed ordinance to join the MSTU will be ad- dressed at the November Regular Town Commission Meeting. It was noted the Town Manager will submit a memorandum regarding this matter to the Town Commission in advance of said Regular Meeting. REPORTS - TOWN MANAGER An Agenda Report Form regarding 'Fire Sprinkler Service Fees', submitted by the Town Manager, was reviewed; it was the consensus to have the Town Attorney draft an ordinance (to rectifying the matter) prepared for first reading at the November Regular Town Commission Meeting. ADJOURNMENT There being no further business to come before the Town Commission at this time, upon proper MOTION, Mayor Boulay adjourned the Work- • shop Meeting at 2:30 p.m. ~. ~' APPROVED : ~=- Jg~ep' ; A. Boulay, Mayor ~Absent'~ Bill Paul, Vice Mayor • October 27, 1992 Page Two 1. Most of us pay an additional insurance premium for replacement cost coverage. I believe the majority of insurance policies will pay replacement cost only if the property is replaced. Otherwise, pay market value only. Market value is generally less than replacement value. Classically, market value is replacement value -less depreciation. 2. With inflation abating and possibility of deflation on the horizon, mortgage lenders may become reticent on lending in Highland Beach, as they could end up with loans that are less than market value and thus suffer losses in the event of a disaster. Both of these will tend to decrease values of Highland Beach properties -again "ALA" CCCL. I submit that you consider a grandfather clause with reference to non-conforming properties as follows: In the event a multifamily property - i.e. condominium, is wholly or partially destroyed involuntarily, it be exempt from • the current zoning regulations, particularly re density and building height providing that, 1. Over 50% of the owners declare their intention to rebuild; 2. The repairs or reconstruction do not enlarge, expand or materially change the building as originally constructed; 3. Any repairs or reconstruction must conform to the then existing building codes. Condition 3 can impose a cost burden to the owners, however, I believe this is an insurable risk. Many insurance companies offer riders covering replacement costs directly related to changes in building codes. I urge you to address this issue and authorize counsel to prepare an amendment to the zoning ordinance for your consideration. Respectfully, Victor P. Hadeed October 27, 152 Plly report today will aelve into taping exceptional is~Ue yrith a book~et publis:ed by the Florida League of Cities entitled Ait~l.~~ i DiYi ~N T 10 It's a Trick which the Lea~~ue has appartently distributed to a restr~~ted mailing list. However, I have no doubt tl~,at shortly before the ov~~ er 3rd election date, the League will present this distorted ~ in large ada in local newspapers through~tt Florida. It is for that reason that I feel compelled to provide some per ective to our residents in rebuttal to the above publication. SEE 6~IS? /~Aj7,~ F ~' them Gur residents will recall that we forewar~ied~to look out for ambiguous and confusing phraseology pertaining to the proposed ~~ constitutmonal amendments that will appear on the ballot. I'm pleased to state that the wording for Amendment 10 is paecise and lucid, so much so that the League has resorted to scare and veiled smear tactics in order to prevent the taxpaying public from benefitting from the intent and goals of this amendment. Amendment 10 reads,as follows: a HOh1ES TEAR VALUATION LIMITATION- PROVIDING FOR LINT I TING INCREASES IlY HOiJiESTr;AD PROPERTY VALUATI0ITS FOR AD VALOREM TAX PURPOSES TO A MAXIMUM OF 3J ANNUALLY AND ALSO PROVIDING FOR REASSESSNiEv T OF MARKET VALUES l~ UPON CHANGES IN ~~ ,,,ESN,~OiNNERSHIP" ~i11Y /~~rYTH/~rl~ 1rNA?SoEVE!( /~~'1e..T -riIYQAYERS LsSIi+G ?/hE/J~ ~--5 o.s ~f~/tiES?~~10 Ei7b~N~o r F Tk ~s .~.Ys~~~~,.t, ~s P~s~~ What could possibly be clearer than that? The petition to put this amendment on the ballot, which I have personally fought for with the approval of our Town Commission, was signed by more than 400 000 registered voters throughout Florida including many of our ig and Beach residents and was supported vigorously by Palm Beach County Appraiser Rebecca ~~[lker, the Committed for Good Govt and many other concerned taxpayer groups. The amend::ent itself was sponsored by Nir. Ken Wilkinson who is the appraiser for Lee County. Mrs. ~Valke~t even published an open letter in our local newspapers i~n which she stated "for those of you who are concerned a~ I am about the whole ad ax rocess I woula suggest that ou contac_t t e ave our Homes etition drive w y u can do through my office. _ expec a justified tax revolt if we do not figure out a way to hold the line on taxes soon." ~x§ tax If any of you ever attended a county/budget hearing in recent years, this is what you would have heard in answer to protests by taxpayers about enormous tax increases. By the county commissioners- ~,,,°-;E "don' t blame us for your higher taxes. The county tax millage rate is practically the same as last year.~N~h~~ problem lies with the increase in your assessed valuations." y the Appraiser's office- R~~."Ne are bound by State law to assess each property up to its full m~.rket value. !Ve do not have anything to do with your real estate taxes, that is a county commission function." LNq~o;E • PAGE T~~VU feel As you can see ewe taxpayers ~~$ frustrated in not being aiaa.e to have officials give us an explanation as to ~ti~hy our taxes were going up to ridiculous heights. Ever~r~ody realizes th~~t taxes are essential to provide us with needed. services. That's not what people are objecting to: People want to ow nu~€~~hxa wh endin is._..,2ut___of._ control and what measures if an are _ ei~_ taken tQ~ts2,p_it_._ People wan a e, ounty and local officials to be accountable for what appears to be inefficient and inappropriate spending and growth management. Aren't we entitled to that consideration? aYe are tired of the buck passing teehnique that is being employed b~* taxing ~istr~cts who want to ride on the coat tail o enormous increases in assessed valuation to et awa with hi her axes and br that the didn't reall increase our taxes. ven wi at echniq~e, some munzclpa i i s an axing is ric s are getting close to the maximum tax milla.ge rate of 10 mills and if they ~'~t~n c can't count on the free ride that they have enjoyed from increased assessed valuations, t~¢ they will have to do a lot of belt tightening and finally have to give explanations for spending on unimportant projects. That,in ny personal opinion,is why the League of Florida Cities is objecting to Amendment 10. THE PRIMARY PURPOSE OF THIS AMENDMENT IS TO PROVIDE THE FIRST STEP TO MUCH NEEDED OVERALL TAX REFORM AND FOR MORE ACCOUNTABILITY FROM OUR TAXING OFFICIALS. Nobody eve ~,j.d_,that t is amendment would reduce taxes. There is no question that we will con roue o have increase taxes but we want jao make sure-that it is due to vitally needed services and that the tax burden of all Florida sesidents will be shared on a fairer and more equitable basis, and that we will get full detailed explanations as to the reasons for arty tax i~'fru~g~~•you to vote yes for Amendment 10 for the reasons which I sytatueyd . F'y~x[~~tia}~~Cx~'~~p~7~'~~~'~x'x~~~x~¢z/ ~~x'~ja~'~~3~c' ~'~/7~[x ~y ~y T ~g yy~~y~y~, y~ ~W~~.V Y2Xi1Lw~~X~~W E~ W Adt1~X~1,,,,(1,~dt.1L3S.LL3~~ I~"~~.A~TA~~NX IfLW 4 ~~ /~ L~~X To the Florida League of Cities, I say that Amendment 10 is a treat and not a trick ~d so stop and confusing Florida voters. /N7/M f ~ I r A~~ ~ ~ ~ ~ . John F. Rand / ~~ ~c y INKS RrcQ UES~'~'~•~ ~~~ ~~~~s .. 1, !~ W, ~`N~ . i !! Fire-rescue ~osts may be redistributed County residents would pay at least X128 a year By JOE CAPOZZI Palm Beach Post Staff Writer WEST PALM BEACH -About 19,000 property owners who have never had to pay Palm Beach County taxes will soon pay at least $128 a year if the County Commission approves a plan to redistribute the costs of providing fire-rescue service. And many people in wealthy communities would save money because the proposal also would shift fire- rescue costs to less affluent homeowners. The plan will be discussed at a workshop Tuesday, and county officials are warning commissioners to stem the expected public outcry by giving the plan ra scrutiny. "I don't want everybody painting a rosy picture that this is cool and easy and simple," said David Wood, director of the county's Office of Finance, Management and Budget. "It's not. There are going to be a lot of problems and pitfalls and complaints." The plan is being considered because the county's comprehensive plan calls for commissioners to consid- er alternate formulas for equally distributing the cost of fire-rescue fees. About 440,000 residents in 10 municipalities and unincorporated Palm Beach County now pay for fire- rescue service through property taxes under a struc- ture adopted six years ago after the county took over the fire districts. Beachfront communities last year started calling for a new fee structure because they complained the current method of charging for fire-rescue service based on property value has unfairly jacked up their tax bills. For example, Highland Beach residents will see a 35 percent increase in taxes this year to pay fora 75 percent increase in the town's fire-rescue contract with the county. Commissioners considered a proposal in July, but ordered budget officers to fine tune the plan because they feared it would sock middle- and low-income residents with drastic increases. The new version to be discussed Tuesday distrib- tes the costs through five fee categories, based on the ~e of a home. The fees range from $128.70 for homes p to 800 square feet to about $300 for homes at least 2,600 square feet. That means the owner of a 1,500-square-foot home in Haverhill who now pays $120 could pay an extra $80. And the owner of a Highland Beach house the same size could end up saving more than $200. PROPOSED FEE STRUCTURE HOUSE SIZE (based on square feet) FEE Up to 800 square feet ...................... $ 128.70 801-1,399 square feet ..................... $ 156.92 1,400-1,999 square feet .................... $ 197.50 2,000-2,599 square feet .................... $ 238.08 2,600 square feet and up ................... $ 300.63 Churches, schools, government buildings, mobile homes and homesteaded properties -those pre- viously exempted from fax rolls because they are valued under f25,1100 -would be charged based on their size. Municipalities glad to shift costs to previously exempt MUNICIPALITIES from 1 B But most directly affected by the proposal would be 10,000 own- ers of mobile homes and 9,000 owners of churches, schools, gov- ernment buildings and homestead parcels (valued at less than $25,000) that have been exempt from county tax rolls. Those owners would pay at least $128.70 under the plan. All were included after the County At- torney's Office advised that the proposal would be more legally defensible if fewer exemptions were granted. If the new fee is approved, county officials wouldn't start it until the 1994-95 budget year. That way, budget officers next year can apply a "test fee" with the start-up costs as a way to determine how well it would work. If it were up to Wood, he would scrap the proposal because of the probability of legal challenges. "Our real concern is, even if we get this on for 1994 and we're challenged and we lose, fire-rescue doesn't have any money," he said. `I don't want everybody painting a rosy picture that this is cool and easy and simple.' But Highland Beach Town Man- ager Mary Ann Mariano said the new proposal is needed because many of her residents have "un- fairly subsidized" fire-rescue ser- vices for other people in the county "who haven't been paying their fair share all these years. "It's time they feel the burden," she said. Regardless of whether the county adopts a new structure or keeps the current one, not every- body will be happy, said Deputy Fire-Rescue Chief Larry Koester. Several communities have threatened to stop contracting fire- rescue services with the county, which would increase the costs to other users.